§ 16-112-116 — Remand generally

It shall be the duty of the court or judge forthwith to remand the prisoner if it shall appear that he or she is held in custody, either: (1) By virtue of any process issued by any court or judge of the United States in a cause where the court or judge has exclusive jurisdiction; (2) By virtue of the final judgment or decree of any competent court of civil or criminal jurisdiction; (3) For any contempt especially and plainly charged in the commitment by some court, judge, or body politic having authority by law to commit for contempt so charged; and (4) Where the time during which the party may be legally detained has not expired. Rev. Stat., ch. 73, art. 3, § 6; C. & M. Dig., § 5076; Pope's Dig., § 6339; A.S.A. 1947, § 34-1731.